Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying the appellant's motion for summary judgment dismissing the complaint insofar as asserted against it and substituting therefor a provision denying the motion with leave to renew following the completion of discovery; as so modified, the order is affirmed insofar as appealed from.
The plaintiff alleged that it had an oral agreement with Strauss...
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